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ENB - Region 3 Notices 9/28/2016

Notice of Complete Application
Notice of Legislative Public Comment Hearing

Applicant:

Algonquin Gas Transmission, LLC and Maritimes & Northeast Pipeline, LLC

Project Title:

Atlantic Bridge Project

Permit and Application Numbers:

Application ID: 3-5599-00078/00001 - Freshwater Wetlands
Application ID: 3-5599-00078/00003 - Part 401 Water Quality Certification
Application ID: 3-5599-00078/00002 - Stream Disturbance

Project Description:

Algonquin Gas Transmission, LLC, a subsidiary of Spectra Energy Partners, LP, and Maritimes & Northeast Pipeline, LLC (collectively, the Applicants) filed applications for a Certificate of Public Convenience and Necessity (Certificate) with the Federal Regulatory Commission (FERC) on October 22, 2015 to construct and operate the Atlantic Bridge Project (Project) which involves the expansion of its existing pipeline systems located in New York, Connecticut, Massachusetts and Maine. The Project includes the replacement of approximately 6.3 miles of 26-inch pipeline with 42-inch pipeline in New York and Connecticut; construction of a new compressor station in Massachusetts and modifications to three existing compressor stations in New York and Connecticut to install an additional total of 26,500 horsepower (hp) for the Project; modifications to five existing metering and regulating (M&R) stations and one existing regulator station in New York, Connecticut, Massachusetts and Maine; and construction of one new M&R station in Connecticut

The Project will create 132,705 dekatherms per day (Dth/d) of firm pipeline capacity.

New York State (NYS) Portion of the Project

The NYS portion of the Project consists of 4.0 miles of the replacement of 26-inch diameter pipeline with 42-inch diameter pipeline in the existing ROW, with the exception of two locations in the Town of Yorktown. The first being where new pipelines will be installed under the Taconic State Parkway using the horizontal directional drill (HDD) method and the second being a short segment near Willow Pond where the new pipeline would shift to avoid disturbing the pond thereby minimizing impacts to the pond. At both of these locations, the existing pipeline would be taken out of service.

The project also includes the uprating of an existing compressor unit at the existing Stony Point Compressor Station, from 12,600 hp to 15,900 hp, which only involves a modification to existing software. This proposed uprating does not require any modification to the applicable NYS air permits. Modifications are also proposed to the existing Yorktown Meter and Regulating (M&R) station involving the installation of overpressure protection facilities.

Surface Water/Stream Disturbance

The pipeline portion of the Project will cross 21 surface waterbodies in NYS, including 8 perennial streams, 8 intermittent streams and 5 ephemeral streams. Three (3) of these 21 surface waterbodies are considered "protected streams" as defined 6NYCRR Part 608, Use and Protection of Waters. With the exception of one crossing, all stream crossings will involve dry crossing construction methods and range in width from 1 to 10 feet. The remaining stream runs adjacent to the Taconic Parkway and will be crossed using the HDD method. The HDD length under the Taconic, including the stream, will be approximately 3,500 feet.

Wetland Disturbance

The Project will cross a total of 15 wetlands in NYS, including nine (9) federally-regulated wetlands and six (6) NYS-regulated Freshwater Wetlands (A-34, A-4, A-39, A-2 and ML-10), though three (3) of these wetlands will not be crossed by the proposed replacement pipeline.

Wetland Mitigation

Algonquin has also filed a Wetland Mitigation Plan (Plan) to be implemented during and after construction of the Atlantic Bridge project to avoid and minimize impacts to wetlands and waterbodies. No permanent wetland fill is proposed and the plan involves implementation of an onsite restoration plan to address replanting and the control of invasive plant species.

A separate Notice of Complete Application for the Freshwater Wetlands, Stream Disturbance and Part 401 Water Quality Certifications applications can be viewed at: http://www.dec.ny.gov/enb/20161005_reg3.html.

National Environmental Policy Act (NEPA) Determination

FERC is the lead agency for the environmental review of interstate gas pipelines. FERC staff prepared an Environmental Assessment (EA), dated May 2, 2015, for the Project, proposed by the Applicants, in Docket No. CP16-9-000, in accordance with the requirements of NEPA. The EA can be viewed and downloaded at: http://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20160502-4001

New York State Department of Environmental Conservation (NYS DEC) relies upon the federal review process conducted by FERC pursuant to NEPA and the permit applications submitted by applicants to NYS DEC to ultimately make a determination regarding issuing its authorizations.

National Historic Preservation Act (NHPA)

These applications are being reviewed in accordance with Section 106 of the NHPA. The applications are not subject to the New York State Historic Preservation Act.

NYS DEC Policy 29, Environmental Justice and Permitting (CP-29)

The permit applications for the Project are not subject to review and approval in accordance with NYS DEC Commissioner's Policy 29.

Statutory and Regulatory Provisions

The above referenced applications were filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions, Powers, Duties and Jurisdiction), and Article 70 (Uniform Procedures Act or UPA); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 621- Uniform Procedures. The relevant regulations are found at: Part 608 (Protection of Waters), Part 663 (Freshwater Wetlands) and Section 401 of the federal Clean Water Act (CWA) (33 USCA 1341).

In addition to these permits being considered under UPA, the project is required to demonstrate the ability to obtain coverage under the State Pollutant Discharge Elimination System Stormwater General Permit for Construction Activities (GP-0-10-001) prior to conducting any construction activities that disturb greater than one acre.

Legislative Hearing

Pursuant to 6 NYCRR 621.8, legislative public hearings for the receipt of public comments on the permit applications will be held on October 19, 2016 at the location listed below. The public hearing will commence at 6:00 p.m. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify NYS DEC in advance to speak at the legislative hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation.

The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to the NYS DEC contact person named below, no less than one week prior to the hearing.

The Legislative Public Hearings are scheduled as follows:

Date: Wednesday, October 19, 2016

Time: 6:00 p.m.

Location: The Mansion at Colonial Terrace
119 Oregon Road
Cortlandt, Manor, NY 10567

Parties may also file written comments to the NYS DEC representative listed below. All written comments must be postmarked or submitted electronically by fax or email no later than October 28, 2016.

Public Hearing and Comment

Written comments submitted to NYS DEC during this comment period and oral comments given at the Legislative Hearing are considered part of the record. At the conclusion of the public comment period NYS DEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or legislative hearing to warrant an Adjudicatory Hearing, or whether the permits should be issued without any further review. If no issues are raised to warrant further adjudication, NYS DEC will proceed to develop a response to comments, provide public notice of the approval of the permits and issue the requested permits.

Availability of Documents

Filed application documents, and NYS DEC draft permits where applicable, are available for inspection during normal business hours at the address of the contact person listed below. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

Application documents, and NYS DEC draft permits where applicable, are also available for inspection during normal business hours at the public libraries listed below:

John C. Hart Memorial Library
1130 Main Street
Shrub Oak, NY 10588

Somers Public Library
82 Primrose Street
Katonah, NY 10536

In addition, application documents can be viewed on-line at: http://www.spectraenergy.com/Operations/US-Natural-Gas-Operations/New-Projects-US/Atlantic-Bridge/

Contact: Michael T. Higgins, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9179, Fax: (518) 402-9168, E-mail: mailto:AtlanticBridgeProject@dec.ny.gov.


Negative Declaration

Dutchess County - The Village of Red Hook Board of Trustees, as lead agency, has determined that the proposed Local Law to Amend the Official Zoning Map of the Village of Red Hook will not have a significant adverse environmental impact. The Village of Red Hook is seeking to expand opportunities for infill development within the Village by extending the Neighborhood Mixed Use District to an additional 12.43 acres of land. This land is currently the only land remaining in the Land Conservation (LC) District. The Village finds that the LC designation is not necessary to protect the wetlands and buffer area located on the parcel as they are already protected by an environmental easement in favor of the New York State Department of Environmental Conservation (NYS DEC) and that the remaining portions of the 12.43 acre lot may be developed consistent with the regulations in the Neighborhood Mixed Use District.

This local law amends the Village Zoning Map to eliminate the Land Conservation "LC" District and to align zoning district boundary lines with property lines. The text of the Zoning Law is also amended to conform with the new Zoning Map.

The project is located in the Village of Red Hook, New York.

Contact: Cynthia Chiarella, Village of Red Hook, 7467 South Broadway, Red Hook, NY 12571, Phone: (845) 758-1081, E-mail: info@redhookvillageny.org.


Putnam County - The Town of Southeast Town Board, as lead agency, has determined that the proposed Barrett Hill will not have a significant adverse environmental impact. The action involves a proposal by the applicant for an amendment to the Town of Southeast Zoning Code to permit the conversion of 168 senior housing units approved in 2006 as "Barrett Hill," located on Mount Ebo, in the OP-2 Zoning District, to non-age restricted units. The proposed unit mix includes 64 1 bedroom and 104 2 bedroom units. The total area of disturbance is approximately 11.4 acres. On-site recreational amenities, including a pool and athletic center, and parking for 336 vehicles are also proposed. The population of the proposed project is anticipated to be 349 persons, including 33 school-aged children, of which 26 are projected to be in public school. As part of the proposed action, the applicant proposes a new "Multifamily Work Force Housing District" and associated special permit criteria be established as a floating zoning district that could be mapped to the project site. The proposed action requires the following Town of Southeast approvals: Town Board: Zoning Text and Map Amendment, and Special Permit; Planning Board Amended Site Plan Approval; and Architecture Review Board Report and Recommendation to the Town Board. The project is located at 41 Mt. Ebo Road North in Brewster, Town of Southeast, New York.

Contact: Michele Stancatti, Town of Southeast, 1360 NYS Route 22, Brewster, NY 10509, Phone: (845) 279-4313, E-mail: mstancati@southeast-ny.gov.


Sullivan County - The Village of Monticello, as lead agency, has determined that the proposed West Broadway Standtank will not have a significant adverse environmental impact. The action involves the abandonment a 0.5 Million Gallon (MG) storage tank on site and construct a new, larger capacity 1.5 MG Elevated Storage Tank for public water supply purposes. The parcel is owned by the village and is approximately .6 acres in size.

The current tank was identified with some deficiencies in 2011. Originally constructed in the early 1900's of riveted steel plates, some repairs were completed around 1988. The 2011 inspection report identified corrosion of the interior sidewall, bottom, and roof plates as well as the roof support beams. Construction of a new tank will address these concerns, continuing to provide safe water storage for the village as well as increase capacity for future grown.

The project is located of West Broadway in the Village of Monticello, New York

Contact: Corinne Steinmuller, Barton and Loguidice, D.P.C., 10 Airline Drive, Albany, NY 12205, Phone: (518) 218-1801 extension 2033, E-mail: csteinmuller@bartonandloguidice.com.


Sullivan County - The Town of Delaware Town Board, as lead agency, has determined that the proposed Zoning Amendment will not have a significant adverse environmental impact. The action involves the addition of regulations governing the establishment of solar farms. The project is located throughout the Town of Delaware, New York.

Contact: Edward T. Sykes, Town of Delaware, 104 Main Street, P.O. Box 129, Hortonville, NY 12745, Phone: (845) 887-5250 extension 1, E-mail: delawaretownclerk@hvc.rr.com.


Ulster County - The Town of Esopus Planning Board, as lead agency, has determined that the proposed Lot line adjustment by Scenic Hudson Land Trust, Inc. will not have a significant adverse environmental impact. The action involves the transfer of 0.059 acres (just under 2,600 square feet) of undeveloped land from a 16 acre vacant residential lot to an 130 acre open space preserve, open to the general public, owned by a private open space preservation organization. There is no new site disturbance or construction proposed as part of or as a result of the proposed action, nor any change of use of either property.

The site of the proposed action is adjacent to a structure on the National Register of Historic Places, and is also within an area determined to be sensitive for archaeological resources. As there is no physical disturbance of the site proposed, there will be no impacts upon archaeological and historic resources, on or adjacent to the site.

The project is located at off Winding Brook Lane in the Town of Esopus, New York.

Contact: April Oneto, Town of Esopus, P.O. Box 700, Port Ewen, NY 12466, Phone: (845) 339-1811, E-mail: planning@esopus.com.


Westchester County - The Village of Irvington Planning Board, as lead agency, has determined that the proposed Dunham Hill - Subdivision and Site Plan Approval will not have a significant adverse environmental impact. The action involves a two lots combine, one with an existing single family house (40 South Broadway), and one with several buildings formerly used as a not-for-profit office use (30 South Broadway), into one large lot; then subdivide the entire 5.78 ± acre parcel into 29 lots. The single-family house will be converted to two residential affordable housing units. The other existing buildings will be torn down and the property developed into 25 attached one family dwellings, four of which will be affordable housing units. There will be a total of 27 single family dwelling units, six of which will be affordable. The remaining two lots are designated for an internal roadway and open space. The project is located at 30-40 South Broadway in the Village of Irvington, New York.

Contact: Marianne Stecich, Village of Irvington, 505 White Plains Road, Suite 206, Tarrytown, NY 10533, Phone: (914) 631-1001 extension 302, E-mail: masjeb@aol.com.


Positive Declaration and Public Scoping

Westchester County - The Town of Mount Pleasant Planning Board, as lead agency, has determined that the proposed PepsiCo Research and Development (R&D) Facility Expansion may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on October 6, 2016 at 8:00 p.m. at the Town of Mount Pleasant Town Hall, Court Room, One Town Hall Plaza, Thornwood, NY.

The action involves the renovation and expansion of the PepsiCo R&D Center. Specific improvement include the construction of a new 122,000 square foot, three story research and development building, along with associated off street parking (93 new spaces for a total of 500 off street parking spaces), landscaping, utility and stormwater management infrastructure. Additionally, interior renovations of the two existing buildings are proposed, including the expansion of the mezzanine level and a vestibule at the 350 Columbus Avenue building adding 15,000 square feet of floor area to the existing building, along with the overall modernization of the site and facilities. The project is located 350 Columbus Avenue in Valhalla, Town of Mount Pleasant, New York.

Contact: Carolyn Saracino, Town of Mount Pleasant, 1 Town Hall Plaza, Valhalla, NY 10595, Phone: (914) 742-2327, E-mail: csaracino@mtpleasantny.com.


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